Study On The Rational Use Of Commercial Trademarks

Trademark fair use system as a trademark infringement defense, it is also a kind of benefit balance mechanism.Traditional trademark law is overly protective of private rights of the trademark owner’s trademark, if left unchecked, this trend will seriously harm the public interest. Modern trademark law is increasingly focused on the rational allocation of the owner of the trademark, and other competitive entities and the public interest, the trademark fair use come into being. Trademark fair use detailed demonstration of the system of case law in Britain and other countries because of its jurisprudence to provide a reference for the relevant judicial practice. However as the statute law, China trademark fair use legislation is too general and lack of operational guidance for the judicial practice.Trademark infringement of increasingly complex and changeable, for judicial challenges. Practice of the court hearing the infringement case, how to distinguish between acts of trademark fair use, similar cases the court is different, different views even with a case related to the court executive. This article is based on in-depth study, the trademark fair use regime, with emphasis on clear its judicial criteria, so we can learn the theoretical support to the judicial practice.Trademark fair use system can be broadly divided into commercial fair use and non-commercial fair use, non-commercial fair use in practice often involves the goodwill and unfair competition issues, the traditional unfair competition law and tort law can be adjusted, so discussed in this paper is mainly the commercial fair use trademark. Elaborate on the value of the trademark fair use system, based on the perfect type of trademark fair use analysis. The literature of the past or relevant texts for trademark fair use classification is too superficial, in this text, the first breakthrough is the nominative fair use of telltale specific types from America in judicial practice on the basis of development in detail in this paper. In this paper, the case analysis method is given priority to, also adopt induction and contrast analysis method. Full text of the innovation lies in that, points out that the existence of the confusion may use for trademark is reasonable defense the premise, detailed the trademark use without reasonable argument to not cause the relevant public confusion or mistaken for the result factor. This paper put forward the most important value in the judicial practice, can be available for the trademark of the operation of the rational use of specific judicial judgment standard.